BILL NUMBER: AB 472	CHAPTERED  10/10/99

	CHAPTER   803
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN SENATE   JUNE 23, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999
	AMENDED IN ASSEMBLY   MARCH 25, 1999

INTRODUCED BY   Assembly Member Aroner

                        FEBRUARY 18, 1999

   An act to add Section 17401 to, and to add Chapter 5 (commencing
with Section 17800) to Division 17 of, the Family Code, and to amend
Sections 10950, 10951, 10963, 18242, 18243, and 14247 of, to add
Section 11475.6 to, and to repeal Section 18246 of, the Welfare and
Institutions Code, relating to child support.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 472, Aroner.  Public assistance:  child support services.
   (1) Existing law sets forth conditions under which any
dissatisfied applicant for or recipient of public social services is
accorded an opportunity for a state hearing.
   This bill would require a custodial or noncustodial parent to be
accorded an opportunity for a state hearing when any one or more of
certain actions or failures to take action by the department or a
state or county agency related to child support is claimed by the
parent, and would require a district attorney to institute a dispute
resolution process for these cases.  These provisions would only be
implemented to the extent that there is federal financial
participation available.
   The bill would require state and county agencies to comply with
these hearing decisions.
   Since the bill requires each county to participate in these fair
hearings, the bill would constitute a state-mandated local program.
   (2) Existing law requires the department to publish a booklet
describing the proper procedures and processes for the collection and
payment of child and spousal support.  Existing law requires the
district attorney to provide certain notice to recipients of child
and spousal support services.
   This bill would require that notice of, and information about, the
child support services hearings available under the bill be provided
by the district attorney in a manner specified by the bill, included
in the booklet published by the department, and included in or with
various forms used in actions to enforce child and spousal support
obligations, to the extent federal financial participation is
available.
   (3) Under existing law, it is a crime for a parent of a minor
child to willfully omit, without lawful excuse, to furnish necessary
clothing, food, shelter, or medical attendance, or other remedial
care for his or her child.
   This bill would provide that the decision of a district attorney
to proceed or decline to proceed against a parent under this
provision shall not be subject to review in any state hearing, as
described in the bill.
   (4) Existing law authorizes the State Department of Social
Services to approve demonstration projects in up to 3 counties to
test models of child support assurance, and specifies that one of the
projects shall conform to a specified design, and provides for the
funding of the projects from funds continuously appropriated for the
CalWORKs program.
   This bill would recast that provision to authorize the approval of
up to 3 child support assurance demonstration projects, and would
eliminate the requirement that one of the projects conform to a
specified design.
   (5) Existing law requires the State Department of Social Services
to develop research designs to ensure thorough evaluation of the
child support assurance demonstration projects that include various
factors, including the impact of welfare-to-work participation rates
of custodial parents, CalWORKs participation rates and costs,
paternity and child support order establishment, and other relevant
information.
   This bill would recast that requirement and increase the scope of
factors that must be included in the research designs.
   (6) Existing law provides that the state share of child support
assurance payments under the child support assurance demonstration
project shall be paid in accordance with the continuously
appropriated funding of the CalWORKs program.
   This bill would specify that the State Department of Social
Services, to the extent possible, shall ensure that no funding
streams will be utilized to pay for child support assurance payments
if use of the funding streams would cause participants to be subject
to the limitations imposed on the CalWORKs program that a parent or
caretaker relative shall not be eligible to receive aid for a
cumulative period of more than 18 months after the individual signs,
or refuses, without good cause, to sign a welfare-to-work plan,
unless it is certified by the county that there is no job currently
available for the recipient and the recipient participates in
community service activities.
   (7) This bill would also enact similar alternative provisions to
those described in paragraphs (1) to (3), above, which would become
operative only if either AB 196 or SB 542, or both, are enacted, and
other specified conditions occur, in which case the other provisions
of the bill would not become operative.
  (8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17401 is added to the Family Code, to read:
   17401.  (a) All of the following shall include notice of, and
information about, the child support service hearings available
pursuant to Section 10950, provided that there is federal financial
participation available as set forth in subdivision (e) of Section
10950:
   (1) The informational materials included with the summons and
complaint pursuant to subdivision (d) of Section 17400.
   (2) The booklet required by subdivision (a) of Section 17434.
   (3) Any notice required by subdivision (c) or (h) of Section
17406.
   (b) To the extent not otherwise required by law, the local child
support agency shall provide notice of, and information about, the
child support services hearings available pursuant to Section 10950
in any regularly issued notices to custodial and noncustodial parents
subject to Section 17400, provided that there is federal financial
participation available as set forth in subdivision (e) of Section
17801.
  SEC. 2.  Chapter 5 (commencing with Section 17800) is added to
Division 17 of the Family Code, to read:

      CHAPTER 5.  COMPLAINT RESOLUTION

   17800.  Each local child support agency shall maintain a complaint
resolution process.  The department shall specify by regulation, no
later than July 1, 2001, uniform forms and procedures that each local
child support agency shall use in resolving all complaints received
from custodial and noncustodial parents.  A complaint shall be made
within 90 days after the custodial or noncustodial parent affected
knew or should have known of the child support action complained of.
The local child support agency shall provide a written resolution of
the complaint within 30 days of the receipt of the complaint.
   17801.  (a) A custodial or noncustodial parent who is dissatisfied
with the local child support agency's resolution of a complaint
shall be accorded an opportunity for a state hearing when any one or
more of the following actions or failures to take action by the
department or the local child support agency is claimed by the
parent:
   (1) An application for child support services has been denied or
has not been acted upon within the required timeframe.
   (2) The child support services case has been acted upon in
violation of state or federal law or regulation or department letter
ruling, or has not yet been acted upon within the required timeframe,
including services for the establishment, modification, and
enforcement of child support orders and child support accountings.
   (3) Child support collections have not been distributed or have
been distributed or disbursed incorrectly, or the amount of child
support arrears, as calculated by the department or the local child
support agency is inaccurate.  The amount of the court order for
support, including current support and arrears, is not subject to a
state hearing under this section.
   (4) The child support agency's decision to close a child support
case.
   (b) Prior to requesting a hearing pursuant to subdivision (a), the
custodial or noncustodial parent shall exhaust the complaint
resolution process required in Section 17800, unless the local child
support agency has not, within the 30-day period required by that
section, submitted a written resolution of the complaint.  If the
custodial or noncustodial parent does not receive that timely written
resolution he or she may request a hearing pursuant to subdivision
(a).
   (c) A hearing shall be provided under subdivision (a) when the
request for a hearing is made within 90 days after receiving the
written notice of resolution required in Section 17800 or, if no
written notice of resolution is provided within 30 days from the date
the complaint was made, within 90 days after making the complaint.
   (d) A hearing under subdivision (a) shall be set to commence
within 30 days after the request is filed, and at least 10 days prior
to the hearing, all parties shall be given written notice of the
time and place of the hearing.  A final hearing decision shall be
rendered within 20 working days of the date of the hearing.
   (e) To the extent not inconsistent with this section, hearings
under subdivision (a) shall be provided in the same manner in which
hearings are provided in Sections 10950 to 10967 of the Welfare and
Institutions Code and the State Department of Social Services'
regulations implementing and interpreting those sections.
   (f) Pendency of a state hearing shall not affect the obligation to
comply with an existing child support order.
   (g) Any child support determination that is subject to the
jurisdiction of the superior court and that is required by law to be
addressed by motion, order to show cause, or appeal under this code
shall not be subject to a state hearing under this section.  The
director shall, by regulation, specify and exclude from the subject
matter jurisdiction of state hearings provided under subdivision (a),
grievances arising from a child support case in the superior court
which must, by law, be addressed by motion, order to show cause, or
appeal under this code.
   (h) The local child support agency and the Franchise Tax Board
shall comply with, and execute, every decision of the director
rendered pursuant to this section.
   (i) The director shall contract with the State Department of
Social Services or the Office of Administrative Hearings for the
provision of state hearings in accordance with this section.
   (j) This section shall be implemented only to the extent that
there is federal financial participation available at the child
support funding rate set forth in Section 655(a)(2) of Title 42 of
the United States Code.
   17802.  To the extent that a custodial or noncustodial parent has
a complaint concerning the action or inaction of the Franchise Tax
Board in any child support case referred to the Franchise Tax Board
pursuant to Section 17400, that complaint shall be resolved pursuant
to Section 17800 by the local child support agency that is
responsible for the case.  The Franchise Tax Board shall cooperate
with the local child support agency in resolving the complaint within
the timeframes required by Section 17800.  If the custodial or
noncustodial parent requests a hearing pursuant to Section 17801, the
Franchise Tax Board shall ensure that a representative attends the
hearing if deemed necessary by the local child support agency.
   17803.  The custodial or noncustodial parent, within one year
after receiving notice of the director's final decision, may file a
petition with the superior court, under Section 1094.5 of the Code of
Civil Procedure, praying for a review of the entire proceedings in
the matter, upon questions of law involved in the case.  The review,
if granted, shall be the exclusive remedy available to the custodial
or noncustodial parent for review of the director's decision.  The
director shall be the sole respondent in the proceedings.  No filing
fee shall be required for the filing of a petition pursuant to this
section.  Any such petition to the superior court shall be entitled
to a preference in setting a date for hearing on the petition.  No
bond shall be required in the case of any petition for review, nor in
any appeal therefrom.  The custodial or noncustodial parent shall be
entitled to reasonable attorney's fees and costs, if he or she
obtains a decision in his or her favor.
   17804.  Each local child support agency shall establish the
complaint resolution process specified in Section 17800 as of the
date it transitions from the office of the district attorney to the
county agency as provided in Sections 17304 and 17305, but no earlier
than July 1, 2001.  The department shall implement the state hearing
requirements specified in Section 17801 no later than July 1, 2001.

  SEC. 3.  Section 10950 of the Welfare and Institutions Code is
amended to read:
   10950.  (a) If any applicant for or recipient of public social
services is dissatisfied with any action of the county department
relating to his or her application for or receipt of public social
services, if his or her application is not acted upon with reasonable
promptness, or if any person who desires to apply for public social
services is refused the opportunity to submit a signed application
therefor, and is dissatisfied with that refusal, he or she shall be
accorded an opportunity for a state hearing.
   (b) A custodial or noncustodial parent shall be accorded an
opportunity for a state hearing when any one or more of the following
actions or failures to take action by the department or a state or
county agency operating pursuant to Section 11350.1 or 11475.1 is
claimed by the parent:
   (1) An application for child support services has been denied or
has not been acted upon within the required timeframe.
   (2) The child support services case has been acted upon in
violation of state or federal law or regulation or department letter
ruling, or has not yet been acted upon within the required timeframe,
including services for the establishment, modification, and
enforcement of child support orders and child support accountings.
   (3) Child support collections have not been distributed or have
been distributed or disbursed incorrectly, or the amount of child
support arrears, as calculated by the department or a state or county
agency operating pursuant to Section 11350.1 or 11475.1, is
inaccurate.  The amount of the court order for support, including
current support and arrears, is not subject to a state hearing under
this section.
   (4) The child support agency's decision to close a child support
case.
   (c) Hearings under subdivision (b) shall be provided in the same
manner in which hearings are provided with respect to an application
for, or receipt of, other public social services under this section.
Pendency of a state hearing shall not affect the obligation to
comply with an existing support order.
   (d) Each district attorney shall establish a complaint resolution
process.  The department shall specify, by regulation, uniform forms
and procedures that each district attorney shall use in resolving
complaints received from custodial and noncustodial parents.  A
complaint shall be made within 90 days after the custodial or
noncustodial parent affected knew or should have known of the child
support case action complained of.  The district attorney shall
provide a written resolution of the complaint within 30 days of the
receipt of the complaint.  Prior to requesting a hearing pursuant to
subdivision (b), the custodial or noncustodial parent shall exhaust
the complaint resolution process, unless the district attorney has
not, within the 30-day period required by this subdivision, submitted
a written resolution of the complaint.  If the custodial or
noncustodial parent does not receive that timely written resolution
or is dissatisfied with the resolution of the complaint, he or she
may request a hearing pursuant to subdivision (b).
   (e) Subdivisions (b), (c), and (d) shall be implemented only to
the extent that there is federal financial participation available at
the child support funding rate set forth in paragraph (2) of
subsection (a) of Section 655 of Title 42 of the United States Code.

   (f) A request for a state hearing may be made in person or through
an authorized representative, without the necessity of filing a
claim with the board of supervisors, by filing a request with the
department or the State Department of Health Services, whichever
department administers the public social service.
   (g) Priority in setting and deciding cases shall be given in those
cases in which aid or services are not being provided pending the
outcome of the hearing.  This priority shall not be construed to
permit or excuse the failure to render decisions within the time
allowed under federal and state law.
   (h) Notwithstanding any other provision of this code, there is no
right to a state hearing when either of the following circumstances
exists:
   (1) State or federal law requires automatic grant adjustments for
classes of recipients unless the reason for an individual request is
incorrect grant computation.
   (2) The sole issue is a federal or state law requiring an
automatic change in services or medical assistance which adversely
affects some or all recipients.
   (i) (1) For the purposes of administering health care services and
medical assistance, the State Director of Health Services shall have
those powers and duties conferred on the Director of Social Services
by this chapter to conduct state hearings in order to secure
approval of a state plan under applicable federal law.
   (2) The State Director of Health Services may contract with the
State Department of Social Services for the provision of state
hearings in accordance with this chapter.
   (j) Any child support determination that is subject to the
jurisdiction of the superior court and that is required by law to be
addressed by motion, order to show cause, or appeal under the Family
Code or this code shall not be subject to a state hearing under this
section.  The director shall, by regulation, specify and exclude from
the subject matter jurisdiction of state hearings provided under
subdivision (b), grievances arising from a child support case in the
superior court which must, by law, be addressed by motion, order to
show cause, or appeal under the Family Code or this code.
   (k) As used in this chapter, "recipient" means an applicant for or
recipient of public social services, including child support
services, except aid exclusively financed by county funds or aid
under Article 1 (commencing with Section 12000) to Article 6
(commencing with Section 12250), inclusive, of Chapter 3 of Part 3,
and under Article 8 (commencing with Section 12350) of Chapter 3 of
Part 3, or those activities conducted under Chapter 6 (commencing
with Section 18350) of Part 6, and shall include any individual who
is an approved adoptive parent, as described in subdivision (c) of
Section 8708 of the Family Code, and who alleges that he or she has
been denied or has experienced delay in the placement of a child for
adoption solely because he or she lives outside the jurisdiction of
the department.
   (l) The decision of a district attorney to proceed or to decline
to proceed under Section 270 of the Penal Code, or seek or not seek
contempt charges, shall not be subject to review in a hearing under
this section.
   (m) For the purposes of this section, a superior court is not a
state or county agency operating pursuant to Section 11350.1 or
11475.1.
  SEC. 4.  Section 10951 of the Welfare and Institutions Code is
amended to read:
   10951.  (a) No person shall be entitled to a hearing pursuant to
this chapter unless he or she files his or her request for that
hearing within 90 days after the order or action complained of.
   (b) A hearing shall be provided under subdivision (b) of Section
10950 when the request for a hearing is made within 90 days after
receiving the written notice of resolution provided in subdivision
(d) of Section 10950 or, if no written notice is provided within 30
days from the date the complaint was made, within 90 days after
making the complaint.
  SEC. 5.  Section 10963 of the Welfare and Institutions Code is
amended to read:
   10963.  The county director and a state or county agency acting
pursuant to Section 11350.1 or 11475.1 shall comply with, and
execute, every decision of the director rendered pursuant to this
chapter.
  SEC. 7.  Section 18242 of the Welfare and Institutions Code is
amended to read:
   18242.  (a) Upon application by a county board of supervisors, the
department may approve up to three demonstration projects to test
models of child support assurance.  The projects shall either test
different models of child support assurance or may test the same
model if counties in which the same model is tested involve counties
with different demographics.
   (b) The department may approve joint projects by two or more
counties if both of the following apply:
   (1) The equity of access to the project and its related services
is ensured to all participants.
   (2) The project includes appropriate operational and fiscal
arrangements between the counties submitting the joint project.
   (c) If the department approves a joint project by two or more
counties, that joint project shall constitute one of the projects
authorized by subdivision (a).
   (d) It is the intent of the Legislature that the purpose of the
demonstration projects authorized by this article is to test child
support assurance models as alternatives to welfare under which
families with earnings and a child support order receive a guaranteed
child support payment, in lieu of a grant under the CalWORKs
program, from funds continuously appropriated for the CalWORKs
program.
   (e) A county may limit the number of families that will be
permitted to enroll in its child support assurance demonstration
program.
  SEC. 8.  Section 18243 of the Welfare and Institutions Code is
amended to read:
   18243.  The department shall develop research designs to ensure
thorough evaluations of the child support assurance demonstration
projects that shall include, but not be limited to, the impact of the
project on work participation rates of custodial parents, household
incomes and family well-being, CalWORKs participation rates and
costs, rates of paternity and child support order establishment, and
any other relevant information the director may require.
  SEC. 9.  Section 18246 of the Welfare and Institutions Code is
repealed.
  SEC. 10.  Section 18247 of the Welfare and Institutions Code is
amended to read:
   18247.  (a) The state share of child support assurance payments
under this article shall be paid in accordance with Section 15200.
   (b) The department shall, to the extent possible, ensure that no
funding streams will be utilized to pay for child support assurance
payments if the use of the funding streams would cause participants
to be subject to the limitations of Section 11454 or any similar
limitation.
   (c) The county administrative cost for the operation of a child
support assurance program shall be paid from the county's allocation
provided under Sections 15204.2 and 15204.3.
  SEC. 11.  Sections 1 and 2 of this bill shall become operative only
if either Assembly Bill 196 or Senate Bill 542, or both, are enacted
into law during the 1999-2000 Regular Session, and as enacted,
either or both bills add Division 17 (commencing with Section 17000)
to the Family Code, in which case Sections 3, 4, 5, and 6 of this
bill shall not become operative.
  SEC. 12.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
